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22 Cards in this Set
- Front
- Back
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Drug addict on a rehab scheme put on for him is not a worker
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Bettray
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Unpaid worker for a religious community if:
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Steymann
– Contributes to economic activity of community – Receives benefit for his contribution, ie indirect |
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A part time worker is still a worker, even if he supplements his income with state benefits or other lawful sources
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Kempf
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Part-time workers also count as long as:
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Levin v Staatssecretaris
– “effective and genuine” – not on such a small scale as to be marginal and ancilliary |
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Someone looking for work also comes under the scope of TFEU 45
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Ex p Antonissen
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A worker is a person who:
– Performs services for another person – Under the control of that other person – receives remuneration |
Lawrie Blum v land Baden Wurtttemburg
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National law where nationality claimed decisive in deciding nationality
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Micheletti
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2004/38 Article 2 "family member"?
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– Spouse
– Registered partner – Direct descendants who are under 21 or dependants, plus those of spouse/partner – Direct dependant relatives in the ascending line plus those of spouse/partner |
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2004/38, 3(2) others with entry/residence right?
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Other individuals with with entry/residence rights
– Other family members who are part of household or dependent on one with primary right – Partner with whom union member has a stable and durable relationship, duly attested |
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RoR for > 3 months if
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2004/38, article 7
– Worker/self-employed – Sufficient resources + sickness insurance – Students declaring sufficient resources and having sickness insurance – Non-union family member accompanying/joining a union citizen satisfying one of the above |
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Where no kids, departure to home MS will mean non Union spouse will lose RoR in host MS (only persuasive in other jurisdictions)
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Sandhu
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Returning migrant workers can bring non-Union spouses with them
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Surinder Singh
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Senegalese woman married Frenchman and moved to Germany
– Don't have to leave if just separated – No need for spouse to live in same accommodation as worker |
Diatta
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Social advantages could include “large family fare reduction card” and discrimination here is unlawful.
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Cristini v SNCF
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Direct discrimination can only be justified by TFEU treaty exceptions (very narrowly interpreted)
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Commission v France
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Past convictions only relevant if a present and serious threat
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R v Bouchereu
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Can base on association with groups if “socially harmful” (Scientologist)
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Van Duyn
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Previous convictions only OK insofar as showing reoffending
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R v Bouchereu
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Cannot use conduct not repressed against member states own nationals
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Adouie and Cornuaille v Belgian State
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"Public service" very narrowly defined
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Commission v Belgium
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Cassis approach for movement of people:
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Bosman
Measures justified if they: – Pursue a legitimate aim compatible with the treaty and justified by pressing reasons of public interest. |
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Proportionality for discrimination
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Bosman
- ensure it achieves aim in question - No more than necessary |
